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Free Books / Society / Law / Law Pleading, Code Pleading, Federal Procedure, Evidence / | ![]() |
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Section 43. Rules Tending To Produce A Certain Issue |
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This section is from the book "Popular Law Library Vol11 Common Law Pleading, Code Pleading, Federal Procedure, Evidence", by Albert H. Putney. Also available from Amazon: Popular Law-Dictionary.
(1) The pleadings must have certainty of place; i. e., the venue of the action, namely, the county in which it is to be tried, must be stated in the declaration.
Actions, with regard to venue, are divided into two classes:
(a) Local, or those the cause of which could have arisen in some particular county only, as any of the real actions.
(b) Transitory, or those the cause of which might have arisen anywhere.
In transitory actions, the venue may be laid in whatever county the plaintiff chooses. The matter of venue is now largely regulated by statute.
(2) The pleadings must have certainty of time. In personal actions, the day, month and year when each traversable fact occurred must be alleged.
As a rule, the time is not regarded as being material to the issue, so that the pleader is not obliged to prove the time as alleged.
(3) The pleadings must specify quality, quantity, and value.
(4) The pleadings must specify the names of parties.
(5) The pleadings must show title in the party bringing the suit.
(6) The pleadings must show authority; i. e., when a party justifies under a writ, warrant, or precept, or any other authority whatever, he must set it forth particularly in his pleadings.
(7) In general, whatever is alleged in pleading must be alleged with certainty.
 
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